Legal Terms and Definitions

Glossary of Legal Terms

Jurisdiction The legal authority of a court to hear a case or conduct other proceedings; power of the court over persons involved in a case and the subject matter of the case. Plea-bargaining A process whereby the prosecutor and defense attorney negotiate a mutually satisfactory disposition of the case. The court and the defendant must approve of any settlements. For example, a guilty plea may be exchanged for a lesser charge or a sentencing recommendation, or for dismissal of one or more of the charges in multi-count information, or for dismissal of another case. Proximate cause A court order following a judgment on the ground of neglect or abuse, whereby the child is permitted to remain in his home, and supervision and assistance to correct the neglect or abuse is provided by the probation department or other agency designated by the court. Fourteenth Amendment Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process. Harmless error An error committed by a lower court during a trial, but not prejudicial to the rights of the party and for which the appellate court will not reverse the judgment. In loco parentis In the place of the parent"; refers to actions of a custodian, guardian or other person acting in the parent's place. Abstract of record A short, abbreviated form of the case as found in the record. Bail bondsman A person who posts bail in exchange for a fee, usually 10 percent of the total bail.

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	Did You Know?
	The mediation process may vary depending on the mediator. Generally, mediations commence with a general session with all parties, counsel and the mediator. At the general session, there will be a discussion of the case, the issues on appeal and other matters important to settlement. Then the mediator will meet separately with each party and their counsel in separate "caucuses." In these separate sessions, the mediator will seek to foster negotiations between the parties and develop agreement.